Attorney in Klerksdorp granted bail after Hawks probe alleges R130,000 taken from deceased client's account
The Hawks’ Serious Commercial Crime Investigation unit in the North West arrested a 69-year-old attorney this week on suspicion of stealing funds from a dead client’s estate. The legal practitioner, identified as Barend Botha and linked to Botha De Wet and Roodt Attorneys, made a first court appearance in Klerksdorp and was released on R5,000 bail.
According to North West Hawks spokesperson Lieutenant-Colonel Tinyiko Mathebula, investigators say just over R130,000 was moved from the deceased person’s bank account into the law firm’s trust account after the firm was appointed in June 2016 to assist with administering the estate. The Hawks allege the money was not transferred on to the intended beneficiary.
“Over R130 000 was reportedly transferred from the deceased's bank account into the trust account of the law firm,” said Mathebula.
The arrest took place on 11 August. The accused was charged with theft and appeared in the Klerksdorp Magistrate’s Court on the same day. His matter has been postponed to 30 September, when it will be heard at the Specialised Commercial Crime Court sitting in Klerksdorp.
The case adds to renewed scrutiny of how legal practitioners handle client trust funds. In recent weeks the Hawks have been involved in investigating and prosecuting several high-profile matters concerning alleged misappropriation from trust accounts, prompting concern among clients, law firms and community members who rely on attorneys to safeguard estate funds.
- Who was arrested: 69-year-old attorney Barend Botha.
- Allegation: Theft of just over R130,000 from a deceased client’s account.
- When arrested: 11 August by the Hawks’ Serious Commercial Crime unit in the North West.
- Bail and next court date: R5,000 bail; next appearance 30 September at the Specialised Commercial Crime Court, Klerksdorp.
Local impact and trust in legal practitioners
For families and beneficiaries in the province, the alleged misdirection of estate funds raises practical worries: delays to inheritances, increased legal costs and emotional strain while disputes are investigated. Estate administrators and attorneys have a fiduciary duty to manage trust accounts separately and transparently; failure to do so can leave beneficiaries without timely access to funds they are entitled to.
Community and labour organisations monitoring financial misconduct have called for stronger oversight and more frequent audits of trust accounts. The Law Society and the Legal Practice Council govern professional conduct and discipline, but criminal investigations are handled by law-enforcement agencies such as the Hawks when theft or large-scale financial crime is suspected.
The Hawks’ statement did not outline whether any other individuals or the firm itself face charges, or whether regulatory bodies have opened parallel inquiries. The magistrate’s docket will determine how the criminal matter proceeds; any regulatory or civil action would run on a separate track.
Context: recent high-profile trust-account case
The arrest comes after another prominent matter in which an elderly attorney, identified in public reporting as Solomon Slom, was sentenced to imprisonment for offences tied to client trust funds. That case, handled by the Hawks’ Serious Commercial Crime Investigation unit in Johannesburg, involved allegations that substantial sums were diverted from a client account over several years.
While every case must be decided on its own evidence, the sequence of investigations has increased public interest in how estates and client funds are managed. Beneficiaries waiting on estate distributions are advised to keep clear records and consult the Legal Practice Council or seek legal advice if they suspect irregularities.
| Event | Date |
|---|---|
| Firm appointed to administer estate | June 2016 |
| Alleged transfer into trust account | Reportedly occurred after appointment |
| Arrest by Hawks (North West) | 11 August |
| First court appearance (Klerksdorp) | 11 August |
| Next appearance (Specialised Commercial Crime Court) | 30 September |
Members of the public who suspect mishandling of trust or estate funds can report the matter to the South African Police Service or notify the Hawks’ commercial crime unit. The Legal Practice Council also provides avenues for complaints about professional misconduct by attorneys.
This story will be updated as the matter progresses through the courts and as any statements from the Legal Practice Council or the firm become available.
